Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2017 (5) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (5) TMI 835 - AT - Income TaxValidity of reopening of assessment - reopening after the expiry of four years - approval from competent authority - non independent application of mind - Held that:- As per the provision contained in Section 151 of the Act, the reopening after the expiry of four years from the end of the relevant assessment year can be done only after the satisfaction of the Commissioner or Pr. Commissioner or Chief Commissioner or Pr. Chief Commissioner but not on the approval of the Addl. Commissioner as has been done in this case. Thus the reopening beyond 4 years has been done by getting the approval of Addl. Commissioner and not from the Commissioner or Pr. Commissioner or Pr. Chief Commissioner. Therefore, the initiation of the proceedings u/s 148 of the Act was invalid. Also this case has been reopened by the AO only on the basis of the information gathered from DIT(Inv.), New Delhi and not by applying his own mind. Therefore, the reopening was not valid - Decided in favour of assessee.
|